Credit reference agency slapped with £500,000 fine over cyber attack failures

Elizabeth Denham

The incident, which happened between 13 May and 30 July 2017 in the US, affected 146 million customers globally.

The ICO investigation found that, although the information systems in the US were compromised, Equifax Ltd was responsible for the personal information of its UK customers.

The UK arm of the company failed to take appropriate steps to ensure its American parent Equifax Inc, which was processing the data on its behalf, was protecting the information.

The ICO’s probe, carried out in parallel with the Financial Conduct Authority, revealed multiple failures at the credit reference agency which led to personal information being retained for longer than necessary and vulnerable to unauthorised access.

The investigation was carried out under the Data Protection Act 1998, rather than the current GDPR, as the failings occurred before stricter laws came into force in May of this year. Today’s fine is the maximum allowed under the previous legislation.

The company contravened five out of eight data protection principles of the Data Protection Act 1998 including, failure to secure personal data, poor retention practices, and lack of legal basis for international transfers of UK citizens’ data.  

Information Commissioner Elizabeth Denham said: “The loss of personal information, particularly where there is the potential for financial fraud, is not only upsetting to customers, it undermines consumer trust in digital commerce.

“This is compounded when the company is a global firm whose business relies on personal data.

“We are determined to look after UK citizens’ information wherever it is held. Equifax Ltd has received the highest fine possible under the 1998 legislation because of the number of victims, the type of data at risk and because it has no excuse for failing to adhere to its own policies and controls as well as the law.”

Ms Denham added: “Many of the people affected would not have been aware the company held their data; learning about the cyber attack would have been unexpected and is likely to have caused particular distress.

“Multinational data companies like Equifax must understand what personal data they hold and take robust steps to protect it. Their boards need to ensure that internal controls and systems work effectively to meet legal requirements and customers’ expectations. Equifax Ltd showed a serious disregard for their customers and the personal information entrusted to them, and that led to today’s fine.”